Font size:
Print
Addressing Judicial Backlog Through Mediation
Context:
India’s judicial system faces an enormous backlog of cases across all levels. Mediation over Litigation at all levels can be a possible solution to resolve this enormous backlog problem of Indian Judiciary.
Judicial Backlog
- Current statistics:
- Supreme Court: 82,000 cases pending
- High Courts: 62 lakh cases pending
- Lower Courts: Close to 5 crore cases pending
- 50 lakh cases pending for over a decade
- A low judge-to-population ratio (21 judges per million citizens) exacerbates delays.
- Adversarial system leads to multiple appeals and interim applications, prolonging litigation.
- Infrastructure, financial, and human resource constraints further hinder timely justice.
Structural Issues in Litigation Process
- Data governance inadequacies lead to repetitive engagements.
- Overburdened judiciary struggles to balance routine functioning with systemic reforms.
- The government is the biggest litigant, involved in nearly half of all cases.
- Culture of adjournments and procedural delays prolongs resolution.
Mediation: A Viable Solution
- Mediation as an alternative dispute resolution (ADR) mechanism has shown promise.
- Key features of mediation:
- Confidential, neutral, and guided process with trained mediators.
- Encourages parties to find mutually acceptable solutions.
- Focuses on long-term interests rather than adversarial outcomes.
- Mediation’s success since 2005:
- A lawyer-led and judge-guided model ensures credibility.
- Effective in civil, commercial, matrimonial, and property disputes.
- Bar councils and judiciary support its expansion.
Legal Framework for Mediation in India
- Legal Services Authorities Act, 1987: Institutionalised ADR through Lok Adalats.
- Code of Civil Procedure (CPC) Section 89: Empowers courts to refer cases to mediation.
- Arbitration and Conciliation Act, 1996: Governs private mediation.
- Commercial Courts Act, 2015 & PIMS Rules, 2018: Mandates pre-institution mediation in commercial disputes.
- Other legislations: Companies Act, MSME Development Act, Consumer Protection Act.
Judicial Pronouncements on Mediation
- Salem Bar Association v. Union of India: Emphasised the need for ADR.
- Afcons Infrastructure v. Cherian Varkey Construction Co. Ltd.: Defined cases suitable for mediation.
- MR Krishna Murthi v. New India Assurance Co. Ltd.: Suggested the enactment of an Indian Mediation Act.
- Ayodhya Dispute Case: Supreme Court (SC) referred the case for mediation.
Challenges in Mediation Implementation
- Lack of Strong Institutional Framework
-
- No central authority for standardising training and accreditation of mediators.
- Inadequate funding and lack of professional mediators.
- Low Public Awareness and Trust
-
- Preference for litigation over mediation due to lack of confidence.
- Limited outreach by the government and legal industry.
- Reluctance by Lawyers
-
- Fear of losing clients and income discourages lawyers from recommending mediation.
- Unclear Procedural Guidelines: Multiple laws governing mediation lead to inconsistencies and confusion.
- Lack of Enforceability: Mediation settlements are non-binding, leading to further litigation.
Benefits of Mediation Over Litigation
- Reduces pendency by diverting cases from courts.
- Saves time and resources for both litigants and the judiciary.
- Prevents lengthy procedural delays and multiple appeals.
- Restores relationships through cooperative problem-solving.
- More cost-effective than prolonged litigation.
Integrating Mediation into Judicial Framework
- Primary identification of cases suitable for mediation.
- Allow litigants to choose a mediator or assign one systematically.
- Ensure reasonable fee structures for mediation services.
- Expand professional mediation avenues for businesses, government, and individuals.
- Increase government willingness to settle cases outside courts.
